Losing a loved one is always a difficult experience, and dealing with the legalities of their estate can add to the emotional burden, particularly if you feel the will doesn’t accurately reflect their true intentions. In such cases, you might consider contesting the will. This often arises from concerns such as undue influence, a lack of mental capacity when the will was created, or disputes over the fairness of the distribution.
One of the most common questions people have is ‘How long does it take to contest a will?’, and this depends on a variety of factors. In this article we will guide you through the process of contesting a will in the UK, including the key steps involved, the time frames you can expect and whether contesting a will is the right choice for you.
What does it mean to contest a will?
To contest a will means to legally challenge its validity. When an individual passes and leaves a will, the will is intended to be their final wishes with regards to their estate and how they want it to be distributed between loved ones. Contesting the will is a legal process which involves questioning whether the will accurately reflects the person’s true wishes or whether it complies with legal requirements.
Who can contest a will?
In the UK, not everyone can challenge a will and the right to contest a will is generally limited to individuals who have a valid legal interest in the deceased’s estate.
Close family members:
- Spouses or civil partners
- Children, including adopted or those treated as dependents
- Other dependents who were financially reliant on the deceased
Beneficiaries named in the will:
- If you are mentioned in the will but believe you are not receiving what was intended or have concerns about its validity
Beneficiaries from a precious will:
- If the contested will excludes or reduces your inheritance compared to a prior will, you may have the grounds to challenge it
Individuals not included in the will:
- If you believe you should have been included, such as someone who was financially dependent on the deceased but was left out entirely, you can contest under the Inheritance Act 1975.
What are the grounds for contesting a will?
A will can be challenged on several grounds, depending on the situation. There are generally two bases for contesting a will; either the will itself is invalid, or it fails to make ‘reasonable financial provision’ for a family member or someone who was financially dependent before their death. In legal terms, the grounds for contesting a will are:
- Lack of testamentary capacity
- Undue influence or coercion
- Lack of knowledge and approval
- Wills Act 1837
- Forgery and fraud
Typical timeline for contesting a will
Contesting a will is a complex legal process that can take anywhere from a few months to several years to resolve. The duration depends on factors such as the complexity of the case, the involved parties and whether the dispute is settled out of court or proceeds to trial. The typical steps involved and the estimated time frames for each stage are as follows.
Consultation and case review: 1-4 weeks
Filing a claim: A few weeks but must be within six months of probate
Evidence gathering: 2-6 months or more
Mediation: 1-2 months for scheduling and resolution
Court trial: 6-12 months to schedule, several weeks to resolve
Consultation and case review
The first step in contesting a will is consulting a solicitor. This stage of the process typically takes 1-4 weeks depending on how quickly you can gather the necessary documents and schedule a meeting. This stage involves discussing your concerns, reviewing the will and looking to see whether you have enough evidence to make a case. Your solicitor will evaluate the grounds for contesting the will and advise whether you claim is likely to succeed.
Filing a will contest claim
If your solicitor determines there are valid grounds, the next step is filing a claim in court. This filing process itself typically takes a few weeks and involves submitting necessary paperwork, including details of your case and supporting evidence. In the UK, claims under the Inheritance Act 1975 must be filed within six months of the grant of probate.
Evidence gathering and investigation
Once a claim is filed, evidence must be gathered to support your case. This involves collecting documents such as medical records, witness statements, and proof of financial dependency or undue influence. The timeframe for this varies widely, ranging from 2-6 months or longer. This depends on factors such as the complexity of the case, availability of witnesses and experts and the volume of documents that need to be reviewed. Delays may occur if key witnesses are difficult to contact or if experts, such as handwriting analysts or medical professionals are required to provide opinions.
Mediation or settlement discussions
Many will disputes are resolved through mediation, which can significantly shorten the process and avoid the need for a court trial. Mediation sessions typically take 1-2 days, but scheduling and preparing for them can add 4-8 weeks to the timeline. If both parties are willing to negotiate, a resolution can often be reached within a few months.
Court hearings and trials
If mediation fails, the case will proceed to court. The time it takes to schedule a hearing depends on the court’s availability, which can cause delays of 6-12 months or more. Once the trial begins, it may take several days to weeks, depending on the complexity of the case and the volume of evidence. The court’s decision is typically issued within a few weeks to a few months after the trial concludes. However, further delays may arise if either party appeals the decision, extending the process significantly.
What can cause delays when contesting a will?
Contesting a will can be a complex and time sensitive process, but even with a proactive approach, progress isn’t always straightforward. Delays can occur when the other parties involved, such as executors or beneficiaries, are uncooperative or slow to respond. A range of factors from procedural complications to unforeseen challenges can also disrupt the timeline and extend the process.
Lack of cooperation from opponents
A significant cause of delay is the level of cooperation from other parties involved in the dispute. If opponents are unwilling to engage in discussions or intentionally delay responding to requests for information, it can stall progress. The timeline may also be extended if there are disputes over the disclosure of documents or evidence.
Difficulty gathering evidence
The process of gathering evidence can be time consuming, especially if the required documentation is extensive or difficult to obtain. Key evidence includes medical records to establish mental capacity, financial records to demonstrate dependency and witness statements to support claims of undue influence or fraud. If witnesses are uncooperative, unavailable or require additional time to provide testimony, further delays can occur.
Scheduling issues with mediation or court dates
Mediation is often a faster alternative to court, but coordinating schedules for all parties and the mediator can take weeks or months. If the case proceeds to court, the availability of court dates can significantly impact the timeline. The UK court system often experiences backlogs, which may result in delay of six months or more for hearings to be scheduled.
Procedural errors or legal complications
Errors in filing paperwork or procedural errors can cause significant delays. For example, failing to meet the strict deadlines for filing a claim such as the six months limit under the Inheritance (Provision for Family and Dependants) Act 1975, can lead to complications or the need for additional legal applications. Disputes over jurisdiction or procedural fairness can extend the process.
Complexity of the estate
The complexity of the estate itself can also affect the timeline. Large estates with multiple assets, properties or business interests require extensive valuations and documentation, which can slow down the process.
Third-party delays
External delays from third parties such as banks, Financial institutions, or legal representatives, can also introduce significant delays. If these third parties are slow to respond, difficult to coordinate with or face their own internal delays, it can hold up the progress of the case, causing unexpected setbacks in an already complex and time sensitive process.
Appeals and additional disputes
If a decision is made in court but one party decides to appeal, this can significantly lengthen the progress. Appeals may require the case to be reheard, introducing further legal steps and delays. Additionally, new disputes may arise during the process, such as arguments over specific assets or debts.
Can you speed up the process?
In the UK, you generally have 6 months from the date of the grant of the probate to contest a will under the Inheritance (Provision for Family and Dependants) Act 1975. If you miss this deadline, it can be extremely difficult to pursue a claim, unless you can prove exceptional circumstances. While there are no guarantees to speed up the process, there are steps you can take to help move things along more efficiently.
Consult a solicitor
The sooner you consult a solicitor, the quicker you can get an assessment of your case. Having a lawyer review the will early on, helps you understand the grounds for contesting and prepares you for what’s ahead. Efficient legal representation can prevent unnecessary delays caused by mistakes in paperwork or missed deadlines.
Gather evidence as soon as possible
Start collecting evidence as soon as you decide to contest the will. The more prepared you are with the necessary documentation, the faster your solicitor can build your case. Delays often occur when crucial evidence is hard to obtain, so gathering it early on can save valuable time.
Consider mediation for a faster resolution
Mediation is often quicker and less costly than going through the court system. If all parties are willing to participate, mediation can lead to a faster resolution, sometimes within a few months. Although it’s not always possible to avoid court entirely, agreeing to mediation can significantly shorten the overall process.
How can Goughs help?
Contesting a will can be an emotional and challenging experience. That’s why we offer expert guidance throughout the entire disputes process, providing tailored support every step of the way. Whether you’re challenging the validity of a will, concerned about undue influence, or dealing with complex family dynamics, our team is dedicated to helping you navigate the legal process and achieve the best possible outcome. If you’re considering contesting a will, don’t hesitate to get in touch with us to discuss how we can assist in resolving your dispute.
